Preserving intimacy has always been a concern of our civilization, and it was to be expected that in the new digital world the Right to Privacy would begin to be addressed in law.
Europe has long been developing strong legislation on personal data protection, and with the new Era of Artificial Intelligence and the Internet of Everything, pillars of the Fourth Industrial Revolution, the need to strengthen citizens’ right to keep their privacy is more evident than ever, in the face of the enormous number of digital ways in which it could be violated.
Although in this Digital Era Data is the new Oil and obtaining it will take priority over all the activity of the Digital Economy, the protection of this Personal Data does not determine every aspect of privacy. At present, our data is a fundamental element that makes up our information in the context of Emerging Technologies, and in combination with our activity on The Web, it defines what we call our Digital Identity. Both are basic elements for understanding and preserving our perception of Privacy.
The right to privacy arose from the moment concern emerged about preserving people’s intimacy and the awareness of granting them that power. This right can be defined as the one we all hold to separate aspects of our intimate life from public scrutiny, so that, without distinction, all of us have the right to Privacy.
Origin of the Right to Privacy
The first declarations of this right were made in the United States at the end of the 19th century, owing to the appearance of instant photography. With the technology of those years, «domestic life» was under attack, from the moment images could be disseminated en masse. At that time it was defined as the right to be left alone.
Later, the concept of privacy came to include other notable elements, such as the power every person has to determine the manner, the moment and the personal information that may be shared with other people. In other words, this idea offered the possibility and the right to control one’s own information, even after it has been shared.
In short, it has become a way of safeguarding our intimate activities, and likewise the concern has persisted as new technological developments have appeared. Today we are immersed in an endless array of digital tools that increasingly expose our activities, even with our consent, or else without our knowledge. Hence the Right to Privacy remains more alive than ever.
Data protection as the foundation of Privacy in the Digital Era
Although personal data protection does not cover every aspect of Privacy, in the new Digital Era of Artificial Intelligence and the Internet of Everything it has become a key piece, since it seeks to protect Digital Identity. In this new Era it extends to all the information associated with the activities we will carry out in the Internet of Everything, as a result of the interaction between people, things based on cyber-physical systems, processes and services, where a large amount of personal data will very probably circulate that could be handed over to third parties in real time.
These entities usually process, store or transmit people’s data, to the point of profiting from the commercialization of our private information. Today, many services on the Web know a large part of users’ activities, tastes and preferences, as well as their personal data, which are what is used for commercial purposes. Therefore, protecting this information is the main foundation for protecting our Privacy and helping to preserve our Intimacy.
Rights in the new data protection laws
In the context of the personal data protection legislation known as the General Data Protection Regulation (GDPR), new rights are recognized, in line with today’s problems. This new single law grants citizens of the European Union further rights, such as the Right to Be Forgotten.
People have the power to request that companies delete their personal data under certain conditions, for example when the information is irrelevant to the original purposes stated when it was collected, or when the legitimate owner of the data withdraws their consent.
Also recognized is the Right to Object to Profiling, which means that people may object to their personal data being processed or used to build profiles in certain circumstances, as happens with many Artificial Intelligence applications.
A third element considered by this law is the Right to Data Portability. People have the power to obtain a copy of their personal data from the company that processes their information, in a common, readable format.
It is clear that the right to control the use and destination of personal data must be guaranteed, in order to prevent their collection, communication and processing in a manner that is unlawful or harmful to the dignity and rights of individuals.
But in conclusion, what must above all be made clear is that although everyone has the right to the Protection of their personal data, as a development of the Fundamental Rights to Intimacy, Honor, Image and Dignity in the digital space, above all the Right to Privacy must prevail of people and, specifically, the Privacy of digital activities in the new Era of Hyperconnectivity and Real-Time processing that Artificial Intelligence, the Internet of Everything and the other Disruptive Technologies of Industry 4.0 will bring.
This is a debate that must always keep moving, and it must keep the laws that safeguard this Fundamental Right to Privacy under continuous review and adaptation to Technological Evolution itself.
Originally published in Spanish on IANética (2020). English version prepared for TecnoHumanismo.
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